Federal regulations apply to truck drivers and trucking companies that non-commercial drivers are not subject to. These additional regulations can complicate a truck accident claim, but they can also be a benefit if you have help from an experienced Virginia truck accident lawyer.
The Richmond truck accident attorneys at Marks & Harrison have been helping Virginians with personal injury claims for more than 100 years. With 26 attorneys on staff and more than 100 support personnel, we have the resources and experience to tackle the most challenging truck accident cases. We’ve helped truck accident victims recover millions in compensation.
Let us put our experience to work for you. Contact the offices of Marks & Harrison today to learn more about how we can help you during a free claim review.
Drug and Alcohol Testing
The U.S. Department of Transportation and the Federal Motor Carrier Safety Administration (FMCSA) set safety rules and regulations for truck drivers. That includes laws regarding drug and alcohol testing.
According to FMCSA rules, all truck drivers must take a pre-employment drug test before their employer can allow them to operate a commercial motor vehicle. Furthermore, trucking companies are required to administer post-accident drug tests in the following circumstances:
- Anytime someone is killed in an accident involving a commercial motor vehicle.
- Any accident in which someone sustains a severe injury and requires immediate medical treatment away from the accident scene if the truck driver was cited by law enforcement.
- Any accident in which another vehicle is damaged to the point that it needs to be towed away from the accident scene if the truck driver was cited by law enforcement.
In addition to post-accident drug and alcohol tests in certain situations, other testing rules for truck drivers include:
- Commercial driver’s license (CDL) holders must be tested randomly throughout the year.
- Truck drivers can be immediately tested for drugs or alcohol in their system if there’s a “reasonable suspicion” that they’re impaired. CDL supervisors must be trained to watch for signs that drivers are under the influence of drugs or alcohol.
- If a driver has failed a previous drug test, refused to take a test, or broke other testing rules and wishes to return to work, they must have a negative drug test before they can resume duty. A driver’s supervisor must directly observe this test.
- Drivers who have tested positive for drugs or other illegal substances can be subjected to follow-up testing for up to four years, even after they have returned to work after showing a negative drug test.
Hours of Service
Driver fatigue is one of the most common causes of truck accidents. Fatigue happens when truck drivers spend too much time behind the wheel without taking a break.
The FMCSA has set time limits for how long truck drivers can be behind the wheel before taking a break to prevent these sorts of accidents. These rules are known as Hours of Service regulations, and for trucks that carry cargo, they break down like so:
- A truck driver can work for up to 14 consecutive hours if they’ve been off-duty for at least 10 straight hours. This 14-hour work window begins as soon as the driver starts any work-related duties, not just driving.
- Once the 14-hour work window has begun, a truck driver can only be behind the wheel for up to 11 hours.
- A truck driver must take a break at least 30 minutes long if it’s been 8 or more hours since their last break of at least 30 minutes.
- Depending on their work schedule’s structure, a truck driver can only work for up to 60 or 70 hours in any given 7-day or 8-day workweek.
Commercial vehicles that carry passengers are subject to slightly different regulations.
Inspections
The FMCSA requires trucks to be inspected regularly to make sure the vehicles are in good working order. Some of the inspection requirements include:
- Trucks must be inspected once a year by a qualified inspector.
- Truck drivers must make three daily inspections of their vehicle, including a pre-trip inspection, one inspection while they’re en route to their destination, and a post-trip inspection.
- If a truck driver sees any defect during their post-trip inspection, it must be logged and repaired before the vehicle can be used again.
Licensing and Training
Truck drivers must carry a commercial driver’s license (CDL) to drive a tractor-trailer or other commercial vehicle. The states generally set CDL rules. In Virginia, the requirements to obtain a CDL are:
- Being age 18 or over for an intrastate CDL or over 21 for an interstate CDL
- Passing a medical exam
- Passing a knowledge test
- Passing a roads skills test
- Holding a commercial learner’s permit for 30 days, or 14 days if you complete a state-approved training program
- Completing an application at a local DMV office
Other Special Laws for Truck Drivers in Virginia
One crucial law that affects truck drivers in Virginia concerns drunk driving. In Virginia, truck drivers can lose their CDL if they record a blood-alcohol concentration (BAC) level of 0.04 percent or higher. This is noteworthy because the legal limit for non-commercial drivers is 0.08 percent.
How We Prove That a Truck Driver Broke the Law in Virginia
Proving that a truck driver broke safety regulations can be challenging, but some of the evidence commonly used in truck accident cases includes:
- Photos or video from the accident scene
- Eyewitness accounts
- Police accident reports
- Information from a truck’s electronic data recorder
- The truck driver’s logs
- Toll receipts
- Maintenance records
- Employer records
Getting Help After an Accident with a Tractor-Trailer in Virginia
Hiring a truck accident lawyer who understands all the rules truck drivers and carriers are subject to can significantly improve your chances of securing fair compensation after a truck accident.
The Virginia truck accident lawyers at Marks & Harrison have a thorough understanding of these regulations. We will be ready to use our knowledge, skills, and resources to build a strong case on your behalf.
Contact our Richmond office today for a free initial consultation.
